United States First Circuit

Conviction for possession of a firearm by a felon is affirmed where: 1) there was no plain error in the admission of 911 recordings describing the defendant and stating that he had a gun; and 2) there was no plain error in statements made by the prosecution during closing arguments. Sentence is vacated where the district court judge treated the sentencing guidelines as mandatory in a pre-Booker sentencing.

Appellate Information

• Decided 02/07/2007
• Published 02/07/2007

Judges

• CYR, Senior Circuit Judge., Before LIPEZ, Circuit Judge, CYR, Senior Circuit Judge, and SINGAL, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Peter B. Krupp, with whom Lurie & Krupp, LLP was on brief for appellant.


• For Appellees:
  
• Cynthia A. Young, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.